Please read these Terms of Service (“Agreement”, “Terms of Service”) carefully before using www.sweatandtonic.com (the “Site”) operated by Sweat and Tonic Inc (“us”, “we”, or “our”). This Agreement sets forth the legally binding terms and conditions for your use of the Site at www.sweatandtonic.com.

By accessing or using the Site in any manner, including, but not limited to, visiting or browsing the Site or contributing content or other materials to the Site, you agree to be bound by these Terms of Service. Capitalized terms are defined in this Agreement. These Terms of Service set forth the legally binding terms for your use of Sweat and Tonic Services. You are only authorized to use the Sweat and Tonic Services (regardless of whether you access or use as intended) if you agree to abide by all applicable laws and to these Terms of Service. Please read these Terms of Service carefully and save it. If you do not agree with it, you should leave the Sweat and Tonic website and discontinue use of Sweat and Tonic Services immediately. If you wish to become a Customer, you must read these Terms of Service and indicate your acceptance during the registration process.

ACCOUNTS

In order to access some features of the website, you will have to create a Sweat and Tonic account. You may never use another person’s account without permission. When creating your account, you must provide accurate and complete information. You are solely responsible for the activity that occurs on your account, and you must keep you account password secure. You must notify us immediately of any breach of security or unauthorized use of your account.

MEMBER SERVICES AND POLICIES

CANCELLATIONS: You must cancel class 12 hours in advance or you will be deducted that class. This includes switching time slots under the 12-hour notice time period. You may cancel class through our online system.

RESERVATIONS: You must be physically present 5 minutes prior to the start of your scheduled class or your spot may be given to a waitlisted client.

PERSONAL BELONGINGS: You agree that Sweat and Tonic is in no way responsible for the safekeeping of your personal belongings while you are present in the facility. You assume all risk of loss for any of your personal belongings.

CLUB RULES AND REGULATIONS

ATTENDANCE:

-You must be physically present and checked in 5 minutes prior to the start of class or your spot may be released to a waitlisted client. No exceptions.

-Doors to fitness studios close promptly at class start time. Latecomers will not be permitted.

-Unless you are physically unwell, you may not leave class before the end.

-Reserved classes must be changed or canceled within 12 hours of scheduled time or they will be forfeited.

-Credit packages are subject to loss of a credit for a late cancel or absence.

STUDIOS:

-If recovering from injury or illness, notify the instructor prior to the class start time.

-Phones are not permitted within fitness studios.

-Gym equipment is to be used as directed.

-Do not enter studios while class is in progress.

CREDITS:

-A club credit can be used to book any class, sauna, meditation pod or one-on-one consultation with an instructor.

-If you are on a monthly membership and wish to purchase additional credits, you may do so at the price of $29.00 per credit.

-Club credits can be used to book services for people other than the account holder. No more than 50% of your club credits can be used to book services for other people.

ALCOHOL:

-Alcoholic beverages must never be consumed prior to partaking in fitness activities

-All bar patrons must be of legal drinking age and drink responsibly.

TONIC HOUSE:

-Tonic House access is reserved for customers with a monthly membership. Tonic House can be accessed only on days when you have booked a class.

-Private events may alter Tonic House availability.

SAUNAS:

-You must be at least 13 years of age to use the saunas.

-Please shower before entering saunas.

-Do not pour water on any part of the sauna.

-No food or drinks are allowed inside sauna.

-No drying of personal items in sauna is permitted.

-Due to high temperatures, the sauna could be dangerous to your health. We recommend that you consult a physician before you use the sauna. Those with medical conditions such as high blood pressure, heart disease, and respiratory problems, and those who are pregnant, should avoid exposure to high heat.

CLUB FACILITIES:

-Toiletries and amenities, including but not limited to skincare products, body care products and towels, are to be enjoyed by guests that have purchased a class or service that day in reasonable quantities. These items may not be removed from the Sweat and Tonic premises.

-Tampering with equipment, such as thermostats, sauna controls, and meditation pod, is not permitted. If you require assistance, please ask a S&T team member.

-Lockers are for day use only. Contents left in lockers overnight may be placed in lost & found or donated to charity.

BEHAVIOUR:

-S&T intends to provide an environment that is pleasant, healthy, comfortable, and free from intimidation, hostility, discrimination, or other offenses. Harassment of any sort – verbal, physical, and visual – will not be tolerated.

-S&T is a place of wellness and community. Be respectful of other guests and S&T team members.

REFUND POLICY

CLASSES: All classes and credit packages are non-refundable. No exceptions.

MEMBERSHIP: All monthly membership packages are non-refundable. No exceptions. Monthly memberships can be canceled at any time online or in person at the club.

RETAIL ITEMS: Unused merchandise will be accepted for a full refund within 7 days of purchase. After 7 days, a store credit will be issued for up to 30 days. No returns without a receipt.

By signing your initial registration contract and/or attending classes, events, services, activities and other programs and using the Sweat and Tonic studio facilities and equipment, you hereby acknowledge on behalf of yourself, your heirs, personal representatives and/or assigns, that there are certain inherent risks and dangers in the strenuous nature of the Sweat and Tonic group fitness classes and services. You hereby acknowledge that you have voluntarily chosen to participate in an intense physical exercise program. You understand that Sweat and Tonic strongly recommends that you consult with your physician prior to commencing any classes. By signing this document, you acknowledge that you have been fully informed of the strenuous nature of these group fitness classes and the possibility of adverse physiological occurrences including, but not limited to: abnormal blood pressure, fainting, heart attack or death. By signing this document, you assume all risk for your health and well-being, and fully release and hold harmless for any responsibility, cost or damages Sweat and Tonic Inc, its instructors, members and employees. You hereby acknowledge that you, and any minor under your care, fully release. A minor aged 15-17 may participate with a parent present.

In consideration for being permitted to sign up for, access and/or attend classes, spa services, events, activities, and other programs (individually and/or collectively, the “Services”) and for using the premises, facilities and equipment (individually and/or collectively, the “Club”) of Sweat and Tonic, you hereby acknowledge and agree to, on your own behalf, and on behalf of your personal representatives, heirs, assigns, executors, administrators, and next of kin, as follows:

You are aware and acknowledge that there are certain inherent risks and dangers associated with fitness, exercise equipment and general equipment used in the Services and the Club, whether caused by you or not. You are aware and acknowledge that some of these risks cannot be eliminated regardless of the care taken to avoid injuries and understand and agree that Sweat and Tonic., provides the Club “as is” and disclaims all warranties, express or implied, including warranties of merchantability and fitness for a particular purpose.

Upon entering Sweat and Tonic, you will inspect Sweat and Tonic and your observation and use of the same shall constitute an acknowledgment that you find and accept such premises to be safe and reasonably suited for their intended purpose(s). If you do find any unsafe or unreasonably suited conditions with this location you will immediately cease to continue with any activity and will immediately notify an employee of Sweat and Tonic of the unsafe or unreasonable suited conditions. You assume the risk of any and all accidents or injuries of any kind that may be sustained by, or in connection with, use of the premises of Sweat and Tonic and agree to use care in the use of Sweat and Tonic to protect against accidents to and by other participants. You are aware and acknowledge that the specific risks vary from one activity to another, but range from (i) minor injuries such as scratches, bruises, sprains and breaks; (ii) major injuries such as eye injury or loss of sight, hearing injury or loss of hearing, joint or back injuries, heart attacks, and concussions; and (iii) catastrophic injuries including paralysis and death. You understand that Sweat and Tonic shall have no responsibility to pay for medical treatment and related costs if you are injured. At all times, you shall comply with all stated and customary terms, posted safety signs, rules, and verbal instructions given to me by staff of Sweat and Tonic.

You are aware and acknowledge that you should consult with your physician or have a physical examination before participating in Services at Sweat and Tonic or enrolling in any Services at Sweat and Tonic, especially if you have a history of heart disease, high blood pressure or other chronic illness, or are unaccustomed to physical exertion or have other physical limitations. If in the subjective opinion of Sweat and Tonic’s staff, you would be at physical risk participating in Services, you understand and agree that you may be denied access to the Services until you furnish Sweat and Tonic with an opinion letter from your medical doctor, at your sole cost and expense, specifically addressing the concerns of Sweat and Tonic and stating that the concerns of Sweat and Tonic are unfounded and without medical merit. You agree to assume full responsibility for any and all injuries or damage which are sustained or aggravated by you in relation to the Services and Club; release, indemnify, and hold harmless Sweat and Tonic, as well as subsidiary affiliate entities, and each of their respective officers, directors, shareholders, members, employees, representatives and agents, and each of their respective successors and assigns and all others, from and against any and all liability, responsibility, claims, actions, suits, procedures, costs, expenses, damages, injuries, expense, demand or cause of action that you may suffer whether with respect to personal injury, death, damage to or destruction of property, theft or otherwise that may arise out of or in any way be related to participation in the Services or use of Sweat and Tonic’s Club; and represent that you: (a) have no medical or physical condition that would prevent you from properly using any of Sweat and Tonic’s Services, (b) do not have a physical or mental condition that would put you in any physical or medical danger, and (c) have not been instructed by a physician to not participate in physical exercise such as that offered by Sweat and Tonic you are aware and acknowledge that if you have any chronic disabilities or conditions, you are at risk in using Sweat and Tonic’s Services and Club, and should not be participating in any Services which could cause increased risk of injury or adverse health consequences as a result of exercise. You are aware and acknowledge Sweat and Tonic makes no claims as to medical results that can or may be obtained through participation in Services and use of Sweat and Tonic Club. Sweat and Tonic has neither suggested nor will suggest any medical treatment to you. Only licensed medical professionals are qualified to give medical advice. You are instructed not to act on the advice given by any unlicensed employee of Sweat and Tonic unless such advice has been verified by participant’s licensed physician.

You further understand and acknowledge that Sweat and Tonic does not manufacture fitness or other equipment or products available in Sweat and Tonic’s Club and therefore Sweat and Tonic will not be held liable for defective equipment or products. Accordingly, to the fullest extent permitted by law, you do hereby forever release, waive and discharge Sweat and Tonic from any and all claims, demands, injuries, damages, actions or causes of action (collectively, “Claims”) related to my participation in Services and use of the Club against Sweat and Tonic, or anyone acting on their behalf, and hereby agree to defend, indemnify and hold harmless Sweat and Tonic from and against any such Claims.

COPYRIGHT

The content on the Sweat and Tonic website, including without limitation, the text, software, scripts, graphics, photos, sounds, music, videos, interactive features and the like (“Content”) and the trademarks, service marks and logos contained therein (“Marks”), are owned by or licensed to Sweat and Tonic, subject to copyright and other intellectual property rights under the law. Content on the website is provided to you as is for your information and personal use only and may not be downloaded, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of the respective owners. Sweat and Tonic reserves all rights not expressly granted in and to the website and the Content. You acknowledge and agree that any questions, comments, suggestions, ideas, feedback or other information about the website or services, provided by you to the Company are non-confidential and shall become the sole property of Sweat and Tonic.

You agree not to engage in the use, copying or distribution of any of the Content other than expressly permitted herein. You agree not to circumvent, disable or otherwise interfere with security-related features of the website or features that prevent or restrict use of copying of any Content or enforce limitations on use of the website or the Content therein.

“Sweat and Tonic”, “S&T”, and other graphics, logos, wordmarks, and designs are trademarks of Sweat and Tonic. Sweat and Tonic’s trademarks and trade dress may not be used, including as part of trademarks and/or as part of domain names, in connection with any product or service in any manner that is likely to cause confusion and may not be copied, imitated, or used, in whole or in part, without the prior written permission of Sweat and Tonic.

MOBILE SERVICES

The Sweat and Tonic Services may include certain services that may be available via your mobile phone, including by not limited to (i) the ability to book and/or purchase Sweat and Tonic via your mobile phone, (ii) the ability to receive and reply to Sweat and Tonic messages, (iii) the ability to browse Sweat and Tonic from your mobile phone and (iv) the ability to access certain Sweat and Tonic features through a mobile application you have downloaded and installed on your mobile phone (collectively the “Mobile Services”). We do not charge for these Mobile Services. However, your carrier’s normal messaging, data and other rates and fees will still apply. You should check with your carrier to find out what plans are available and how much they cost. In addition, downloading, installing or using certain Mobile Services may be prohibited or restricted by your carrier, and not all Mobile Services may work with all carriers or devices. Therefore, you should check with your carrier to find out if the Mobile Services are available for your mobile devices and what restrictions, if any, may be applicable to your use of such Mobile Services. By using the Mobile Services, you agree that we may communicate with you regarding Sweat and Tonic and other entities by SMS, MMS, text message or other electronic means to your mobile device and that certain information about your usage of the Mobile Services may be communicated to us.

TERMINATION

We may terminate your access to the Site, without cause or notice, which may result in the forfeiture and destruction of all information associated with you. All provisions of this Agreement that by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.

THIRD PARTY SITES

Our Site may contain links to third-party sites that are not owned or controlled by Sweat and Tonic Inc.

Sweat and Tonic Inc has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third-party sites or services. We strong advice you to read the terms and conditions and privacy policy of any third-party site that you visit.

GOVERNING LAW

This Agreement (and any further rules, policies, or guidelines incorporated by reference) shall be governed and construed in accordance with the laws of Ontario, Canada, without giving effect to any principles of conflicts of law.

CHANGES TO THIS AGREEMENT

We reserve the right, at our sole discretion, to modify or replace these Terms of Service by posting the updated terms of the Site. Your continued use of the Site after any such changes constitutes your acceptance of the new Terms of Service.

We encourage you to review this Agreement periodically for changes. If you do not agree to any of this Agreement or any changes to this Agreement, do not use, access or continue to access the Site or discontinue any use of the Site immediately.

ELIGIBILITY

Membership is void where prohibited. This website is intended solely for Users who are 13 years of age or older. Any registration by use of or access to the website by anyone under 13 is unauthorized, unlicensed and in violation of these Terms of Use. By using Sweat and Tonic Services or the website, you represent and warrant that you are 13 or older and that you agree to abide by all the terms and conditions of these Terms of Service. Minors between the ages of 13 and 18 may register on our website only with the involvement of a parent or guardian.

TERM

These Terms of Service shall remain in full force and effect while you use the Sweat and Tonic Services or are a Member. You may terminate your membership at any time, for any reason, by following the instructions on the “My Account” page or by contacting the club directly via email. Sweat and Tonic may terminate your membership at any time, without warning, if you breach these Terms of Service. Even after membership is terminated, these Terms of Service will remain in effect.

FEES

You acknowledge that Sweat and Tonic charges fees for its services, and Sweat and Tonic reserves the right to change its fees from time to time in its discretion. If Sweat and Tonic terminates your membership because you have breached these Terms of Service, you may not be entitled to a refund of any unused portion of membership or other fees.

PASSWORD

When you sign up for member Services, you will be asked to choose a password. You are entirely responsible for maintaining the confidentiality of your password. You agree not to use the account, username, or password of another member at any time or to disclose your password to any third party. You agree to notify Sweat and Tonic immediately if you suspect any unauthorized use of your account or access to your password. You are solely responsible for any and all use of your account.

ENTIRE AGREEMENT; NO WAIVER

These Terms of Service, together with our Privacy Policy, and any other legal notices published by Sweat and Tonic on the website, shall constitute the entire agreement between you and Sweat and Tonic concerning our website. If any provision of these Terms of Service is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms of Service, which shall remain in full force and effect. No waiver of any term of these Terms of Service shall be deemed a further or continuing waiver of such term or any other term, and Sweat and Tonic’s failure to assert any right or provision under these Terms of Service shall not constitute a waiver of such right or provision. Sweat and Tonic reserves the right to amend these Terms of Service at any time and without notice, and it is your responsibility to review these Terms of Service at any time and without notice, and it is your responsibility review these Terms of Service for any changes. Your use of the Sweat and Tonic website following any amendment of these Terms of Service will signify your assent to and acceptance of its revisions.

ARBITRATION

You and Sweat and Tonic agree that, except as may otherwise be provided in regard to specific services on the site in any specific terms applicable to those services, the sole and exclusive forum and remedy for any and all disputes and claims relating in any way to or arising out of these terms of use, the site and/or the service (including your visit to or use of the site and/or the service (including your visit to or use of the site and/or the service) shall be final and binding arbitration, except to the extent that either of us has in any manner infringed upon or violated or threatened to infringe upon or violate the other party’s patent, copyright, trademark or trade secret rights, or you have otherwise violated any of the User conduct rules set forth above then the parties acknowledge that arbitration is not an adequate remedy at law and that injunctive or other appropriate relief may be sought.

CONTACTING US

If you have any questions about these Terms of Service, the practices of Sweat and Tonic or its services, or your dealings with this site, please contact us at hello@sweatandtonic.com .

These Terms of Service have been updated as effective as of November 27, 2019.